HomeMy WebLinkAboutORD NO 3287ORDINANCE NO. 3287
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAK__RRSFI~.T.n ADDING CHA~z'~K
15.54 TO THE BAKERSFI~.n MUNICIPAL
CODE RELATING TO A HANDICAPPED
ACCESS APPEALS BOARD.
BE IT ORDAIB~u by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 15.54 is hereby added to the Bakersfield
Municipal Code to read as follows:
Sections:
15.54.010
15.54.020
15.54.030
Chapter 15.54
HANDICAPPED ACCESS APPEALS BOA~D
Creation.
Duties.
Procedure.
15.54.010 Creation.
There is created the Board of Appeals for Handicapped
Access consisting of five members appointed by the City council.
Two members shall be physically handicapped persons, two shall be
persons experienced in construction, and one member shall be a
public member.
15.54.020 Duties.
A. The Board of Appeals for Handicapped Access shall
hear written appeals brought by any person regarding action taken
by the building department of the City in enforcement of the
requirements of Part 5.5 of Division 13 (Sections 19955 through
19959) of the California Health & Safety Code.
B. The Board shall conduct hearings on written
appeals made under Subdivision A, above, and may approve or
disapprove interpretations of the specified Health & Safety Code
sections and enforcement actions taken by the building department
of the City. All such approvals or disapprovals shall be final
and conclusive as to the building department in the absence of
fraud or prejudicial abuse of discretion.
Co The Board shall adopt reasonable rules and
regulations, consistent with the purposes of the Health & Safety
Code and provisions of this chapter, for conducting its hearings.
D. The Planning Director and the Building Director
shall serve in an advisory capacity to the Board on all matters
which may come before it.
15.54.030 Procedure.
A. Appeals shall be filed in writing with the
building director within ten (10) days of the action taken by the
building department, and shall be heard by the Board within
thirty (30) days of filing. No appeal shall be accepted unless
it is accompanied by the applicable fee, which shall be in an
amount necessary and appropriate to reimburse the City for all
costs related to the processing of and acting upon each such
appeal, as set forth in Section 3.70.040 of the Bakersfield
Municipal Code.
B. Notice of the time, place and subject matter of
the hearing shall be mailed not less than ten (10) days prior to
the hearing to the applicant, to each member of the Board, and to
any person having a direct property interest in the subject
matter of the hearing.
C. At its hearing, the Board shall hear testimony of
all interested persons. A summary of all pertinent testimony
offered at the hearing, together with the names and addresses of
all persons testifying, shall be recorded and made a part of the
permanent files of the case. Any such hearing may ibe continued
to a time and place certain.
D. Within thirty (30) days after the conclusion of
the hearing, the Board shall render its decision on the matter so
heard. The failure of said Board to render such decision within
thirty (30) days shall be deemed to constitute a denial of the
appeal in favor of the decision of the building department.
Within five (5) days of the final decision, the Board shall mail
notice of such decision to the applicant at the address shown
upon the application, to the Building Director, and to any other
person who has filed notice in writing with the Building Director
requesting a copy of the notice of decision.
SECTION 2.
This Ordinance shall be posted in accordance with
the City Charter provisions and shall become effective thirty
(30) days from and after the date of its passage.
.......... o0o ..........
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on April 4, 1990 , by the
following vote:
AYES. COUNCILMEMBERS EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVASOlO
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS: ,,.~77 / ;.-..,,,
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Offic~C~erk of
Council of the City of Bakersfield
the
APPROVED Aio_ril 4, 1990
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. .ST~LLFIELD /
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BLDGAPPL1.ORD
6/28/90